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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
WESTERN REGION
Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
(562) 860-7474
January 9, 2012
Kyle McClellan
Costa Mesa, CA
NOTICE OF UNLICENSED OPERATION
Case Number: EB-11-LA-0278
Document Number: W201232900004
The Los Angeles Office received information that an unlicensed broadcast
radio station on 100.1 MHz was allegedly operating in Costa Mesa,
California. On December 7, 2011, agents from this office confirmed by
direction finding techniques that radio signals on frequency 100.1 MHz
were emanating from a residence in Costa Mesa, California. The
Commission's records show that no license was issued for operation of a
broadcast station at this location on 100.1 MHz in Costa Mesa, California.
Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.
The only exception to this licensing requirement is for certain
transmitters using or operating at a power level that complies with the
standards established in Part 15 of the Commission's rules, 47 C.F.R.
S:S: 15.1 et seq. Your operation on frequency 100.1 MHz was measured at
9,162 microvolts per meter (uV/m) at 141 meters. This exceeds the
allowable unlicensed limit of 250 uV/m at 3 meters established in Part 15.
Thus, this station is operating in violation of 47 U.S.C. S: 301
You are hereby warned that operation of radio transmitting equipment
without a valid radio station authorization constitutes a violation of the
Federal laws cited above and could subject the operator of this illegal
operation to severe penalties, including, but not limited to, substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. (See 47 U.S.C.
S:S: 401, 501, 503 and 510.)
UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
IMMEDIATELY.
You have ten (10) days from the date of this notice to respond with any
evidence that you have authority to operate granted by the FCC. Your
response should be sent to the address in the letterhead and reference the
listed case and document number. Under the Privacy Act of 1974, 5 U.S.C.
S: 552a(e)(3), we are informing you that the Commission's staff will use
all relevant material information before it to determine what, if any,
enforcement action is required to ensure your compliance with FCC Rules.
This will include any information that you disclose in your reply.
You may contact this office if you have any questions.
Nader Haghighat
District Director
Los Angeles Office
Western Region
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet," March 2005